Complaint by: Krell
Allegations that a registrar of voters offered a deputy moderator a key to an area where absentee ballots were kept may be insufficient to allege a violation of Connecticut General Statutes §9-140c. Paul Krell, a deputy head moderator, filed a complaint alleging that Sharon Krawiecki, the Republican Registrar of Voters, suggested that he use her key to enter an unattended storage area, where the ballots, memory cards and voting machines were located. Krell claimed that Krawiecki violated election law by "luring" Krell into a violation of the "chain of custody" for election equipment, during the preparation of voting tabulators, in violation of C.G.S. §9-140c(j) and (k). "Even assuming the facts to be true as alleged," wrote the State Elections Enforcement Commission, "Complainant does not allege a violation of §9-244, or any other section of General Statutes, Title 9, within Commission's jurisdiction pursuant to §9-7b." Krell also alleged that Krawiecki permitted Deputy Head Moderator Jon Fitzgerald to remove an absentee ballot during the certification by affidavit of the receipt of absentee ballots from the town clerk to the registrar of voters, in violation of C.G.S. §9- 40c(j) and (k). Krell alleged that the statutes require the absentee ballots to remain in the registrar of voter's custody on Election Day, after transfer from the town clerk. The State Elections Enforcement Commission rejected Krell's claim that C.G.S. §9-140c(j) and (k) require exclusive and actual custody of the absentee ballots by a registrar of voters, after they have been properly transferred by the town clerk to the registrar for the purpose of counting absentee ballots. No requirement exists that election officials be accompanied in the performance of their duties, pursuant to C.G.S. §9-140c, with two individuals present. The evidence failed to establish the respondent violated C.G.S. §9-140c(j) and (k), as alleged, and the State Elections Enforcement Commission dismissed the complaint.